Posted on Jul 30, 2023
Justice Alito says ‘no provision’ in Constitution allows Congress to regulate Supreme Court
1.19K
108
27
14
14
0
Posted 10 mo ago
Responses: 8
I'll just stick with what I wrote* back at the end of April and highlight one train of thought.
"Understand that codes of ethics aren’t some law – they are guidelines. Does the court have ethical guidelines already? All nine of the Justices have said they follow the guidelines in the Judicial Conference’s Code of Conduct. Again, guidelines are voluntarily followed, not some law that they are punished if they don’t adhere to it. Should the Court have a formal code of ethics that they self-impose? Yes, because it will give comfort to those that seem to think you just have a bunch of unethical mavericks unless there is a formal guideline for them to follow."
"Should there be a forcing mechanism to force a Judge to recuse themselves if they don't recuse themselves when others think they should? The key complaint (at least to my view of the many comments) seems that there is nothing “above” the Supreme Court that can tell them “No, that was wrong and you need to change it” or “You did something improper and are going to be punished” short of getting a majority of lawmakers involved or from influence of the other members of the Court."
"However, I find this as non-issue because unless you change Article III of the Constitution, you’re not going to be able to do so. Yes, the Justices have to follow the laws that are enacted just like anyone else, but the laws still have to be within the confines of the Constitution and establishing such an entity that actually has the power to compel the court would be unconstitutional (which is exactly what I expect the Supreme Court to say)."
---------------------------------
* https://www.rallypoint.com/status-updates/8257138
"Understand that codes of ethics aren’t some law – they are guidelines. Does the court have ethical guidelines already? All nine of the Justices have said they follow the guidelines in the Judicial Conference’s Code of Conduct. Again, guidelines are voluntarily followed, not some law that they are punished if they don’t adhere to it. Should the Court have a formal code of ethics that they self-impose? Yes, because it will give comfort to those that seem to think you just have a bunch of unethical mavericks unless there is a formal guideline for them to follow."
"Should there be a forcing mechanism to force a Judge to recuse themselves if they don't recuse themselves when others think they should? The key complaint (at least to my view of the many comments) seems that there is nothing “above” the Supreme Court that can tell them “No, that was wrong and you need to change it” or “You did something improper and are going to be punished” short of getting a majority of lawmakers involved or from influence of the other members of the Court."
"However, I find this as non-issue because unless you change Article III of the Constitution, you’re not going to be able to do so. Yes, the Justices have to follow the laws that are enacted just like anyone else, but the laws still have to be within the confines of the Constitution and establishing such an entity that actually has the power to compel the court would be unconstitutional (which is exactly what I expect the Supreme Court to say)."
---------------------------------
* https://www.rallypoint.com/status-updates/8257138
I've seen a lot of memes and stories tossed about regarding the Supreme Court lately. Most of it...
I've seen a lot of memes and stories tossed about regarding the Supreme Court lately. Most of it is pretty partisan (YOUR side has unethical judges, but MY side is morally upright and would never do such a thing) and (aside from the partisan comment) there is usually an observation that the Court needs to be brought to heel because there’s no other recourse. If there is political will to do so, the checks and balances on the court by the other...
(13)
(0)
Supreme Court. Love 'em when they rule the way you want. Hate 'em when they don't. That isn't justice. That isn't the purpose of the Supreme Court. The purposes of the Supreme Court is to act as the court original jurisdiction (the first court to hear a case) in admiralty cases and to judge appeals on Constitutional questions. They are not there to support a popular ideology. Sadly, they have on occasion, and those decisions must be revisited and corrected when the opportunity presents itself.
(11)
(0)
He is correct. And Congress and the President love them when they align with them but that is NOT their job!
(9)
(0)
Read This Next